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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My divorce was final last week. My ex husband is still driving

Resolved Question:

My divorce was final last week. My ex husband is still driving the vehicle which is in only my name. Title and loan. Police said I have no right to report it stolen because I gave him permission to drive it. How do u get vehicle back legally?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

Two quick questions if I may. First, I am assuming you were granted the vehicle in the divorce, correct? Second, beyond speaking to the police, what else have you tried?
Customer: replied 1 year ago.

My dad is handling everything. The divorce was simple divorce I asked for nothing but maiden name. I filed he signed. He too asked for nothing. We have no kids. I'm thinking about getting spare key made and repo the veh. Police didn't say I Could not repo it.

Expert:  Dimitry K., Esq. replied 1 year ago.

Lorri,

Typically I would agree with you--if the vehicle is under your name, you can simply drive it off and it would not be considered theft as you would still remain on title. But I would first still suggest you review the divorce settlement agreement and see if it mentions the car. If he was granted the vehicle, and you signed off, even if the car is under your name, the car, legally, would belong to him. Then taking it back may cause you further headaches such as him filing in court for contempt of court order. That is highly unlikely since in a simple divorce all assets tend to revert back to the party who owns it, but just to cover yourself and be sure, please review the language. Otherwise you absolutely can just make a key and take the car away.

Good luck.

Customer: replied 1 year ago.

One more. This was uncontested straight fwd div. only fine print it says no one shld alter loans utility deposits rent deposits. credit cards veh loans during waiting time til divorce is final. Divorce was final last week he still has most my personal items and vehicle , he changed locks on doors so I'm unable to get in which I'm still on lease as well. I mistakenly thought the div would be easy since their was thankfully no kids and we both wanted it.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I am sorry that he locked you out. But if you moved out with no intent of returning, he could legally change the locks (even if you are still on the lease). To get your things, send him a formal certified letter requesting a good time to appear and remove your items with a 30 day window, and if he refuses, then you would have to drag him back to court and file formally for a motion to compel, so that the courts force him to abide by the current order.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36936
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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